1. Literature Wants to be Free! Greg Newby Project Gutenberg Literary Archive Foundation

2. Presentation Overview About your narrator About your narrator Project Gutenberg overview Project Gutenberg overview Project Gutenberg of Europe Project Gutenberg of Europe What is the public domain? What is copyright? What is the public domain? What is copyright? The Public Domain is in Trouble The Public Domain is in Trouble What you can do What you can do

3. Who is this guy? Learned about eBooks in 1998, when a friend sent Alice’s Adventures in Wonderland by email Learned about eBooks in 1998, when a friend sent Alice’s Adventures in Wonderland by email Involved with Project Gutenberg (PG) since 1992 (while at the U. Illinois) Involved with Project Gutenberg (PG) since 1992 (while at the U. Illinois) Produced several eBooks; ran FTP sites, mailing lists; became stand-in production coordinator when PG’s founder Michael Hart (MH) was out of town Produced several eBooks; ran FTP sites, mailing lists; became stand-in production coordinator when PG’s founder Michael Hart (MH) was out of town In 2001, volunteered as the first director and CEO of the Project Gutenberg Literary Archive Foundation (PGLAF) In 2001, volunteered as the first director and CEO of the Project Gutenberg Literary Archive Foundation (PGLAF)

5. Project Gutenberg: Ancient History Started in 1971 when MH typed the US Declaration of Independence on a mainframe, and shared it. Continued through the 1980s and 1990s with the complete Shakespeare, the Bible and several other titles Started in 1971 when MH typed the US Declaration of Independence on a mainframe, and shared it. Continued through the 1980s and 1990s with the complete Shakespeare, the Bible and several other titles #10000 (Magna Carta) released in December 2004 #10000 (Magna Carta) released in December 2004 Low-budget, volunteer driven: volunteers select which eBooks to produce Low-budget, volunteer driven: volunteers select which eBooks to produce

7. Project Gutenberg: The Collection Most of the world’s great English-language literature that is in the public domain in the US (basically, published pre-1923) Most of the world’s great English-language literature that is in the public domain in the US (basically, published pre-1923) Over 20 languages, many different formats Over 20 languages, many different formats Some copyrighted items, too, but mostly public domain Some copyrighted items, too, but mostly public domain Nearly 16,000 titles in the original PG collection (PG-US) Nearly 16,000 titles in the original PG collection (PG-US) Numerous affiliated projects, as well as other eBook projects Numerous affiliated projects, as well as other eBook projects

9. What’s an eBook? A literary work (broadly considered) in electronic format A literary work (broadly considered) in electronic format Read it like any book. Print it. Share it. Read it like any book. Print it. Share it. Additional benefits versus paper books: Additional benefits versus paper books: Search, quote Search, quote Reformat Reformat Fix/edit/extract Fix/edit/extract Redistribute Redistribute

10. Project Gutenberg’s eBooks No digital rights management No digital rights management Emphasis on plain text as “baseline,” other formats should be editable or derivable from plain text or HTML (moving to “born- as” XML in the future) Emphasis on plain text as “baseline,” other formats should be editable or derivable from plain text or HTML (moving to “born- as” XML in the future) Many eBooks are improved/fixed over time Many eBooks are improved/fixed over time High production quality; many automated tools; state of the art digitization High production quality; many automated tools; state of the art digitization

11. Distributed Proofreading Great innovation! Shared proofreading via centralized database-driven site Great innovation! Shared proofreading via centralized database-driven site General literary works can be proofread in just a day or so; much tougher works can be spread over time with many helpers General literary works can be proofread in just a day or so; much tougher works can be spread over time with many helpers Common production criteria, with custom rules as needed Common production criteria, with custom rules as needed Most eBooks now “born as” HTML + text Most eBooks now “born as” HTML + text Help make an eBook: http://www.pgdp.net Help make an eBook: http://www.pgdp.net http://www.pgdp.net

12. PG of Europe Just getting started; already with 65 languages Just getting started; already with 65 languages Use the PG Europe Distributed Proofreading site to get help contribute Use the PG Europe Distributed Proofreading site to get help contribute A separate effort, PG-EU is proactive about resisting pan-European union copyright term extension http://pge.rastko.net A separate effort, PG-EU is proactive about resisting pan-European union copyright term extension http://pge.rastko.net http://pge.rastko.net

14. What is Copyright? Copyright was invented during the Enlightenment, partially in reaction to the invention of the movable type printing press by Johannes Gutenberg (1450s) Copyright was invented during the Enlightenment, partially in reaction to the invention of the movable type printing press by Johannes Gutenberg (1450s) The Statute of Anne (1709) granted a 14-year copyright to the Stationer’s Company in England The Statute of Anne (1709) granted a 14-year copyright to the Stationer’s Company in England The first Berne convention of 1886 internationalized The first Berne convention of 1886 internationalized Copyright provides a temporary monopoly to written works and other intellectual output, so that creators of creative and scientific arts can benefit financially from their efforts Copyright provides a temporary monopoly to written works and other intellectual output, so that creators of creative and scientific arts can benefit financially from their efforts Historically, copyright has usually been owned by the publishers, not the authors or editors or artists Historically, copyright has usually been owned by the publishers, not the authors or editors or artists

15. What is the Public Domain? For literature and similar works, the public domain is essentially everything that is not under copyright protection For literature and similar works, the public domain is essentially everything that is not under copyright protection Some works are in the public domain from the start Some works are in the public domain from the start For most new works today, including books, they get copyright protection automatically when they are created For most new works today, including books, they get copyright protection automatically when they are created Due to international agreements, these principles apply worldwide Due to international agreements, these principles apply worldwide

16. Why care about the public domain? The public domain is a huge source of cultural heritage The public domain is a huge source of cultural heritage It provides inspiration for new creative activity, based on older creative works It provides inspiration for new creative activity, based on older creative works Copyright was intended to balance the public domain. The target for creative works is and should be public domain – copyright is temporary. By design. Copyright was intended to balance the public domain. The target for creative works is and should be public domain – copyright is temporary. By design.

17. Many people get it backwards… From copyright.loc.gov: “Examples of what might have caused the work to be in the public domain in the United States include lack of proper notice, failure to renew, failure to comply with manufacturing requirements, being a sound recording fixed prior to U.S. protection, and lack of national eligibility, that is, the source nation and the United States did not then have a treaty relationship. “ From copyright.loc.gov: “Examples of what might have caused the work to be in the public domain in the United States include lack of proper notice, failure to renew, failure to comply with manufacturing requirements, being a sound recording fixed prior to U.S. protection, and lack of national eligibility, that is, the source nation and the United States did not then have a treaty relationship. “ This is backwards from the US founders’ intent, in which copyright registration is optional, voluntary and temporary This is backwards from the US founders’ intent, in which copyright registration is optional, voluntary and temporary

18. How does the Public Domain Grow? When copyright expires, items enter the public domain When copyright expires, items enter the public domain Items may be explicitly granted to the public domain by their copyright owners Items may be explicitly granted to the public domain by their copyright owners In the US, newly created items enter the public domain 95 or 120 years after creation In the US, newly created items enter the public domain 95 or 120 years after creation In the rest of the world, the author’s death date is usually used to determine expiration of copyright. In the EU, this is 70 or 75 years after death In the rest of the world, the author’s death date is usually used to determine expiration of copyright. In the EU, this is 70 or 75 years after death

20. PG-US Copyright Rules http://gutenberg.org/howto/copyright- howto http://gutenberg.org/howto/copyright- howto http://gutenberg.org/howto/copyright- howto http://gutenberg.org/howto/copyright- howto In the public domain in the US: In the public domain in the US: Rule 1: pre-1923 Rule 1: pre-1923 Rule 5: 1923-1989 with no copyright notice Rule 5: 1923-1989 with no copyright notice Rule 6: 1923-1964 without renewal Rule 6: 1923-1964 without renewal Rule 8: Government / crown published Rule 8: Government / crown published

21. Copyright duration (similar in the US, EU & elsewhere) Works Originally Created on or after January 1, 1978 A work that is created (fixed in tangible form for the first time) on or after January 1, 1978, is automatically protected from the moment of its creation and is ordinarily given a term enduring for the author's life plus an additional 70 years after the author's death. In the case of "a joint work prepared by two or more authors who did not work for hire," the term lasts for 70 years after the last surviving author's death. For works made for hire, and for anonymous and pseudonymous works (unless the author's identity is revealed in Copyright Office records), the duration of copyright will be 95 years from publication or 120 years from creation, whichever is shorter. (http://www.copyright.gov/circs/circ1.html) Works Originally Created on or after January 1, 1978 A work that is created (fixed in tangible form for the first time) on or after January 1, 1978, is automatically protected from the moment of its creation and is ordinarily given a term enduring for the author's life plus an additional 70 years after the author's death. In the case of "a joint work prepared by two or more authors who did not work for hire," the term lasts for 70 years after the last surviving author's death. For works made for hire, and for anonymous and pseudonymous works (unless the author's identity is revealed in Copyright Office records), the duration of copyright will be 95 years from publication or 120 years from creation, whichever is shorter. (http://www.copyright.gov/circs/circ1.html)http://www.copyright.gov/circs/circ1.html

22. So what’s the Problem? The information explosion of the 20 th century was paralleled by a reduction in the proportion of items in the public domain The information explosion of the 20 th century was paralleled by a reduction in the proportion of items in the public domain Copyright term extensions took copyright protection from 28 years in 1900 to 70/95/120 years in 1998 Copyright term extensions took copyright protection from 28 years in 1900 to 70/95/120 years in 1998 There is now no requirement for registration or renewal for copyright: it’s automatic There is now no requirement for registration or renewal for copyright: it’s automatic Increasingly severe penalties for copyright infringement: In the US, this includes some criminal penalties, not just civil penalties Increasingly severe penalties for copyright infringement: In the US, this includes some criminal penalties, not just civil penalties

23. What are some numbers? Information is doubling every 12-18 months. Nearly all new information content is copyrighted automatically Information is doubling every 12-18 months. Nearly all new information content is copyrighted automatically The public domain has essentially stopped growing, due to global copyright term extensions. Even at the old pre-1998 (in the US) growth rate, the public domain would be shrinking The public domain has essentially stopped growing, due to global copyright term extensions. Even at the old pre-1998 (in the US) growth rate, the public domain would be shrinking Today’s popular works (books, movies, music…) will still be under copyright protection after most of us are dead … and the creators will also be long dead Today’s popular works (books, movies, music…) will still be under copyright protection after most of us are dead … and the creators will also be long dead

25. More numbers Historically in the US, only 10% of items were renewed for a 2 nd copyright term. Yet, since 1977 renewal is no longer required. About 1 million books from 1923-1964 were not renewed, and are targeted for digitization Historically in the US, only 10% of items were renewed for a 2 nd copyright term. Yet, since 1977 renewal is no longer required. About 1 million books from 1923-1964 were not renewed, and are targeted for digitization Less than 1% of items from 1923 are still in print Less than 1% of items from 1923 are still in print There are many orphaned works, which are technically under copyright, but the copyright holder (if any) cannot be identified There are many orphaned works, which are technically under copyright, but the copyright holder (if any) cannot be identified

26. PG is Proactive about the Public Domain We digitized US copyright Renewal Records (eBook #11800) We digitized US copyright Renewal Records (eBook #11800) Help PGs or other projects get started elsewhere Help PGs or other projects get started elsewhere Provided amici briefs or other support in copyright cases (Eldred, Grokster/Morpheus, Kazaa…) Provided amici briefs or other support in copyright cases (Eldred, Grokster/Morpheus, Kazaa…) Push the boundaries of permissible uses: US Title 17 Section 108(h); our Rule 6… Push the boundaries of permissible uses: US Title 17 Section 108(h); our Rule 6…

27. PG Growth over 23 Years YR 1990/1991/1992/1993/1994/1995/1996/1997/1998/1999/2000/2001/2002/2003 ^#### YR 1990/1991/1992/1993/1994/1995/1996/1997/1998/1999/2000/2001/2002/2003 ^#### 10K>10/03 10K 10K>10/03 10K 9,500>9/03 9,500 9,500>9/03 9,500 9,000>8/03 9,000 9,000>8/03 9,000 8,500>7/03 8,500 8,500>7/03 8,500 8,000>5/03 8,000 8,000>5/03 8,000 7,500>3/03 7,500 7,500>3/03 7,500 7,000>1/03 7,000 7,000>1/03 7,000 6,500>12/02 6,500 6,500>12/02 6,500 6,000 >9/02 6,000 6,000 >9/02 6,000 5,500 >7/02 5,500 5,500 >7/02 5,500 5,000 >4/02 5,000 5,000 >4/02 5,000 4,500 >2/02 4,500 4,500 >2/02 4,500 4,000>10/01 4,000 4,000>10/01 4,000 3,500 >5/01 3,500 3,500 >5/01 3,500 3,000 >12/00 3,000 3,000 >12/00 3,000 2,500 > 8/00 2,500 2,500 > 8/00 2,500 2,000 >12/99 2,000 2,000 >12/99 2,000 1,500 >10/98 1,500 1,500 >10/98 1,500 1,000 >8/97 1,000 1,000 >8/97 1,000 500 >4/96 500 500 >4/96 500 100 >12/93 12/93 <<<December 10, 1993 100 10 > 12/90 10 10 > 12/90 10 YR 1990/1991/1992/1993/1994/1995/1996/1997/1998/1999/2000/2001/2002/2003 ^#### YR 1990/1991/1992/1993/1994/1995/1996/1997/1998/1999/2000/2001/2002/2003 ^####

28. What you can do Understand the public domain. Why does it need to be preserved? Understand the public domain. Why does it need to be preserved? Make copyright decisions. Grant items to the public domain when appropriate. License them at other times, for wider use. Make copyright decisions. Grant items to the public domain when appropriate. License them at other times, for wider use. Help enhance access to the public domain: digitize an eBook; donate some content Help enhance access to the public domain: digitize an eBook; donate some content Don’t confuse issues such as patents, trademarks and licenses with public domain Don’t confuse issues such as patents, trademarks and licenses with public domain

29. More what you can do Give away public domain items, that’s what they’re there for! Give away public domain items, that’s what they’re there for! Create derivative works Create derivative works Use public domain art, music … Use public domain art, music … Avoid “locked” formats: opt for wider usage choices for content, not narrower Avoid “locked” formats: opt for wider usage choices for content, not narrower

30. Help free literature Help create: http://www.pgdp.net (“a page a day is all it takes”) Help create: http://www.pgdp.net (“a page a day is all it takes”)http://www.pgdp.net Help distribute: mirrors, copies, CDs/DVDs Help distribute: mirrors, copies, CDs/DVDs Help educate about the value of the public domain Help educate about the value of the public domain Resist misunderstanding of copyright, and the perception that it is permanent Resist misunderstanding of copyright, and the perception that it is permanent Literature wants to be free. You can help to free it! Literature wants to be free. You can help to free it!

31. More resources… www.copyright.gov – US- focused www.copyright.gov – US- focused www.copyright.gov Union for the Public Domain http://www.public- domain.org/ is broad, and very interested in WIPO Union for the Public Domain http://www.public- domain.org/ is broad, and very interested in WIPO http://www.public- domain.org/ http://www.public- domain.org/ http://CreativeCommons. org will help you to license, and help you to grant to the public domain http://CreativeCommons. org will help you to license, and help you to grant to the public domain http://CreativeCommons. org http://CreativeCommons. org http://gutenberg.org for nearly 16,000 titles, most are in the public domain http://gutenberg.org for nearly 16,000 titles, most are in the public domain http://gutenberg.org